Whether your Florida personal injury case will settle or go to trial depends on key factors like evidence strength, negotiation outcomes, and legal strategy. According to the Business Observer, per 100,000 Floridians, there were 127.41 personal injury cases in court. This is a staggering 1,237% over the national average rate of just 9.53, and 319% more than any other state on the list.
Personal injury cases typically resolve through one of two paths:
- Settlement: Both parties agree on a compensation amount without going to court.
- Trial: A judge or jury decides who is at fault and the amount of damages to be awarded.
Settlements are generally quicker and less stressful but may result in smaller payouts. Trials take longer and involve higher costs but can lead to larger compensation if the court rules in your favor.
At MSO, we leverage unique insights as former insurance defense lawyers to help clients make this decision. With 1,000+ cases handled and $50M recovered in five years, we deliver seasoned, personalized, and culturally sensitive representation.
What Is a Personal Injury Case?
A personal injury case occurs when someone gets hurt because of another person’s carelessness or wrongdoing. Common examples include car accidents, slip and falls, and medical mistakes. The injured person, called the plaintiff, can file a claim to seek compensation for their losses, like medical bills, lost wages, and pain and suffering.
If you’re unsure whether your situation qualifies, our personal injury case resources provide detailed guidance on what counts as a valid claim.
What Does Settlement Mean in a Personal Injury Case?
A settlement happens when both sides agree on a specific amount of money to end the case without going to court. Once a settlement is agreed upon, the case is closed and no further claims can be made regarding the injury.
3 Steps for Settlements in Florida
In Florida, settling a case typically involves these 3 steps:
- Demand Letter: Your lawyer sends a document detailing your injuries, expenses, and the amount of compensation you’re seeking.
- Negotiation: The insurance company reviews the demand and may counter with a lower amount. Both sides negotiate to find a fair middle ground.
- Agreement: Once both sides agree on the amount, you sign a settlement agreement. This document confirms the payment terms and releases the other party from further responsibility.
What Happens When a Case Goes to Trial?
If you do not want to settle or go through the settlement process, the next path is to go to trial. When a case goes to trial, a judge or jury determines the outcome. The process includes:
- Filing a Lawsuit: Your lawyer submits documents to start the trial.
- Discovery: Both sides share evidence, interview witnesses, and prepare their cases.
- Trial Proceedings: Arguments, evidence, and witness testimonies are presented in court.
- Verdict: The judge or jury decides the outcome and any compensation.
How Long Do Trials Usually Take in Florida?
In Florida, the timeline depends on the complexity of your case, the court’s schedule, and the number of witnesses. While some trials may take just a few days in court, the preparation and delays can stretch the entire process over months or even years.
Trials are less common than settlements but may be necessary if the other side refuses to offer a fair amount. Overall, trials take much longer than settlements.
What Are the Pros and Cons of Settling a Case?
Deciding between settling or going to trial depends on your priorities, such as time, costs, and potential compensation. Here are the key advantages and disadvantages of settling to help you understand when it might be the right choice.
Pros of Settling:
- Faster Resolution: Settlements typically take weeks or months instead of years.
- Lower Costs: Avoiding trial means fewer legal fees and court expenses.
- Less Stress: Settling spares you the pressure of court appearances and testimony.
- Certainty: You know the exact amount of compensation you’ll receive.
Cons of Settling:
- Lower Compensation: Settlements often result in smaller payouts than a trial might.
- Final Agreement: Once settled, you can’t ask for more money later—even if your injury worsens.
What Percentage of Personal Injury Cases Settle Instead of Going to Trial?
Most personal injury cases settle before reaching trial. About 95% of cases are resolved through settlements, according to The Law Dictionary. Florida follows a similar trend because settlements save time, money, and stress for everyone involved. Settlements are often quicker and less risky, making them the preferred route for most plaintiffs and defendants.
What Are the Pros and Cons of Going to Trial?
Trials offer the chance for higher compensation but come with risks, including time, cost, and uncertainty. Below are the key pros and cons to help you decide if going to trial is the right move for your case.
Pros of Going to Trial:
- Potentially Higher Compensation: A favorable verdict could result in a larger payout than a settlement.
- Public Record: Trials hold the defendant accountable in a formal setting.
Cons of Going to Trial:
- Longer Process: Trials often take years to complete, with many delays.
- Higher Costs: Trials involve significant legal fees and other expenses.
- Uncertainty: The outcome depends on the judge or jury, and there’s a risk of receiving no compensation.
What Factors Determine Whether a Case Settles or Goes to Trial?
Several factors influence whether a personal injury case is resolved through settlement or proceeds to trial. These include the strength of evidence, the behavior of insurance companies, and the guidance of your lawyer. Here’s a closer look at each.
How Does the Strength of Evidence Impact the Outcome?
The quality of evidence plays a big role in whether your case settles or goes to trial. If you have strong evidence—like eyewitness statements, medical records, or video footage—insurance companies are more likely to settle quickly. However, weak evidence, such as contradictory witness accounts, incomplete medical records, lack of photographic proof, or delayed reporting of the incident, may lead to disputes that require a trial to resolve.
The decision to settle or go to trial often hinges on factors like liability and evidence. For example, in cases involving commercial vehicle accidents, it’s essential to determine whether the driver or the company is responsible, as this can shape the outcome of your claim.
What Role Do Insurance Companies Play?
Insurance companies often push for settlements to avoid the cost of a trial. They might offer less than what you deserve, hoping you’ll accept to avoid the hassle of court. If they refuse to negotiate fairly, taking the case to trial may be the only way to get proper compensation.
How Does Your Lawyer Guide the Process?
Your lawyer evaluates your case’s strengths and weaknesses to recommend the best path. They’ll consider the evidence, costs, and potential risks to help you decide whether settling or going to trial is the smarter option.
Settling often reduces the time and expenses involved in resolving a case, but understanding potential legal fees is essential. Knowing how attorney costs in personal injury cases are structured can help you decide whether settling or going to trial aligns with your financial goals.
What Are the Costs of Settling vs. Going to Trial?
Approximately 3-5% of personal injury cases in Florida go to trial, according to the Bureau of Justice Statistics. Trials are typically reserved for cases involving significant disputes over liability or compensation, or where settlement offers fail to meet the plaintiff’s needs.
What Costs Are Involved in Settling a Case?
Settling a case is generally less expensive than going to trial. Typical costs include:
- Attorney Fees: Most personal injury lawyers work on contingency, taking a percentage of the settlement.
- Medical Records: Fees for obtaining and submitting evidence.
- Administrative Expenses: Filing paperwork and other minor costs.
Since settlements are quicker, additional costs like expert witnesses or extended legal fees are often avoided.
What Costs Are Involved in Going to Trial?
Trials can be significantly more expensive due to:
- Expert Witness Fees: Medical professionals or accident reconstruction specialists may testify to support your case.
- Court Costs: Fees for filing, transcripts, and other courtroom expenses.
- Attorney Fees: Lawyers may charge a higher percentage of the award if the case goes to trial because of the extra work involved.
- Time Lost: Trials can take months or years, requiring more time and effort from both you and your legal team.
How Can You Make the Decision to Settle or Go to Trial?
Deciding whether to settle or go to trial requires careful consideration of your case’s details, your goals, and the guidance of your lawyer. Here are key steps to help you make an informed choice:
Work Closely With Your Attorney
Your lawyer’s experience is essential in determining the best path for your case. Trust their guidance as they assess evidence, evaluate settlement offers, and weigh the risks of a trial. Regular communication ensures you’re informed every step of the way.
Stay Informed About Florida Laws
Understanding Florida’s personal injury laws, such as comparative negligence and statutes of limitations, helps you make better decisions. A lawyer can explain how these laws apply to your situation, but it’s always helpful to have some background knowledge.
Be Prepared for Negotiations
If you choose to settle, negotiations with the insurance company are a key step. Work with your lawyer to determine a fair minimum amount you’re willing to accept, and be patient during the back-and-forth process.
Consider the Emotional Impact
Trials can be stressful, requiring court appearances, testimony, and time away from daily life. Settling can offer relief and closure, especially for those who want to move forward quickly.
Focus on Long-Term Outcomes
Think about your future needs, not just immediate expenses. Whether you settle or go to trial, ensure any compensation covers medical costs, lost wages, and potential ongoing care.
Why Choose MSO?
Whether your case is headed for settlement or trial, MSO will fight relentlessly to secure the outcome you deserve. With deep insights from our insurance defense backgrounds and a proven record of success, we’ll guide you every step of the way. Contact us today for a free consultation and let us put our experience to work for you.